Legal Question in Criminal Law in Florida

I was arrested for paraphernalia but i did not have any paraphernalia on my person i admit to it because when the police arrested us my brother and an acquaintance, they were talking rudely to him and making threats i told them you�re not allowed to talk to people like that and he told me to shut up or he going to come over there and make me. So i told him do it then a police officer came up behind me and slammed to the floor and started choking me and made threats to me and went on to say if I moved he�ll take it as me trying to resist arrest and take me down even though the entire time I was in hand cuffs . When they was questioning us they asked who the grinder belonged to I said it was mine because the person who had it in his possession would have said it was my brothers even though its not and my brother had a run in with police before and had a record I did not. So I took the blame for it because of that reason also because I was nervous because of what they did to me and me assuming they would have went easier because I�ve never been arrested or had a record and that I am a senior at a university about to graduate in criminal justice and to show I�m not trying to give them problems but my assumptions were wrong. Also they let my brother go but kept me even though they had us in handcuffs and said we were being arrested they did not read us our Miranda rights at any point in time but I don�t know if that is applicable anymore though also when of this happened we were behind the police s.u.v. so I�m not sure if there is a rear view camera to see all that went on or if the police had microphones that recorded any of the things they said all I really have is my older brother as an eye witness and the acquaintance is to be deported back to Honduras so it�s basically are word against 4 swat police officers and where live is in Naples, Fl and the courts are more on the side of the police. The only things I had on me was a light blue mini bic lighter 1 nickel house keys and a cellphone. What should I do? Also the reason I asked about the Miranda rights was because they said we were under arrest and put us in to hand cuffs wouldn�t that be custodial interrogation or does it not count for misdemeanor offenses?


Asked on 7/05/12, 11:48 am

1 Answer from Attorneys
R. Jason de Groot R. Jason de Groot, P.A.

You need to hire an aggressive criminal defense attorney to see if there is a valid reason to suppress the evidence as well as your confession. Miranda counts for misdemeanor offenses, and you can bet that all of the police reports will say that you were all Mirandized, even though you were not.

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Answered on 7/05/12, 12:06 pm


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